Category Archive for: ‘Technology’

UK phone hacking scandal – the copyright edition

As many of us know, deleting something from a phone, laptop or computer doesn’t mean it is actually “deleted.”  This is because deleting a file (including a text message) is but the first step in permanently removing that file from any electronic device.  It’s why you are readily able to restore your uni paper, Christmas card list, or uber-important work document (phew!) from the Recycle Bin on your desktop. 

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Breaking news – Generics knock out anti-depressant patent

The Full Court of the Federal Court of Australia on Friday upheld a claim by Alphapharm (together with Sigma and Generic Health) that claims 1 to 17 and 27 of Wyeth’s patent relating to venlafaxine, an anti-depressant used in the treatment of depression, are invalid.

Mallesons acted for Alphapharm in the proceeding.

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European Court of Justice says no to patents requiring the destruction of a human embryo – an Australian perspective

Article 6(2)(c) of the European Biotech Directive excludes inventions which use human embryos for industrial or commercial purposes from patentability.  Interpreting this exclusion, the European Court of Justice decided yesterday that an invention is not patentable if the claimed process requires the destruction of a ‘human embryo’. 

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New R&D Tax Credit passed by Parliament

The long-delayed R&D Tax Credit was passed by the House of Representatives yesterday after clearing the Senate with amendments.  The R&D Tax Credit represents the most significant change to tax innovation policy since the original R&D Tax Concession was introduced in 1986. Check out our alert here.

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ECJ gets behind brand owners

The European Court of Justice (“ECJ“) yesterday ruled that, in certain circumstances, online market operators such as eBay may be held liable for trade mark infringement by users of their sites, and that they should take preventative action against sellers of counterfeit goods.

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ICANN Development 2: Are you up for [.anything]?

A number of new generic top-level domain names (“gTLDs”) were approved in 2000 and 2004 including .aero, .museum, .jobs, .mobi, .tel and .travel.  Under the new ICANN guidelines, entrepreneurs, businesses, governments and communities around the world will be able to apply to operate a TLD of their own choosing.  This could be their own brand in the form “.brand”, or broader non-specific gTLDs such as “.food”, “.sport”, “.fashion” etc.

Application Process

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ICANN Development 1: The [.xxx] Factor

Turn your mind, just for a moment, to this scenario, which we’ll call “Scenario 1”.  It is late October 2011.  You are the owner of a successful brand.  Naturally, you are perusing Mallesons’ IP Whiteboard for handy tips on protecting your rights and keeping up to date on the latest developments in the world of IP.  You decide to Google your brand name and discover that someone has registered [YourBrand.xxx] and posted suggestive photos all over it featuring your iconic branding associated with x-rated content.  There is a website visitor-counter in the top ri

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With “friends” like these

The story begins at the AusCERT Conference (described by AusCERT as “…the premier IT security event for IT security professionals and anyone with an interest in IT security”).

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It’s all in the definition – “drug” or “pharmaceutical item”

AstraZeneca has been unsuccessful in its attempt to overturn a decision of the Minister for Health and Ageing to include a particular dose of rosuvastatin (sold as Crestor, to lower cholesterol) in the Statins-HP “therapeutic group” on the Pharmaceutical Benefits Scheme (“PBS“). The effect of the Minister’s decision is to reduce the PBS listed price of Crestor (and ultimately, the price which AstraZeneca may charge) on the basis of the listed prices of other drugs such as atorvastatin (Lipitor) within the therapeutic group.
 

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